[ad_1]
The President of the European Commission is clear who is in charge: “The last word on European law is always in Luxembourg and nowhere else.”
Ursula von der Leyen reinforces the message that the decisions of the Court of Justice of the European Union (CJEU) are above those of the German constitutional court, which this week gave the European Central Bank (ECB) three months to justify the proportionality of the Asset purchase program launched in 2015, something the CJEU had already considered proportional.
In a statement published this Sunday, Von der Leyen argues that the decision of the German judges questions two European questions: “the euro system and the European legal system.” And that the European Commission, as guardian of the operation of both, does not rule out proceeding with an infringement procedure against Germany, something that could end in the Court of Justice of the EU, whose decisions are now precisely questioned by Karlsruhe.
“We are analyzing in detail the decision of the German TC. We will evaluate the possible steps to follow, which may include the option of an infringement process,” the statement said.
The Commission can initiate an infringement procedure against an EU country that does not apply European law. If the offense persists, Brussels will refer the case to the Court of Justice, which in certain cases can impose financial sanctions.
Last Tuesday, the German Constitution questioned the so-called bazooka of the ECB, the logic of Mário Draghi of doing what is necessary to save the euro, which in recent years has allowed the purchase of billions of euros. of public debt in secondary markets.
Although the decision of the German judges does not refer to the new € 750 billion asset purchase program, launched to respond to the Covid pandemic19, which is already helping to lower interest rates in peripheral countries such as Italy or Portugal Several analysts have warned about the indirect consequences that the agreement may have on the current economic situation and even on the process of negotiating the European response to the crisis.
Von der Leyen reaffirms the position of Brussels, advanced shortly after the controversial Karlsruhe trial was known.
“The European Commission confirms three basic principles: that the monetary policy of the Union is a matter of exclusive competence (of the EU); that European law has priority over national law and that the decisions of the Court of Justice of the European Union they are binding on all national courts, “says Von der Leyen.
This Friday, the EU Court of Justice also reacted to make it clear that it is the “only” court “with jurisdiction to decide whether an act by an EU institution is contrary to European law.”
